Digital Commons Network^™

Mind The Gap: Technology As A Lifeline For Pro Se Child Custody Appeals, Katherine L.W. Norton

Duquesne Law Review

No abstract provided.

"Grandfamilies" Amid The Opioid Crisis: An Increasing Reason To Update Pennsylvania's Outdated Intestacy Laws, Joanne L. Parise

Duquesne Law Review

No abstract provided.

Federal Habeas Corpus Jurisdiction - Child Custody - State Procedures Terminating Parental Rights, Dru Hanna Schoenborn

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that federal habeas corpus is not available to challenge the constitutionality of Pennsylvania's parental rights termination statute.

Lehman v. Lycoming County Children's Services Agency, 648 F.2d 135 (3d Cir.), cert. granted, 102 S. Ct. 89 (1981) (No. 80-2177).

I.R.C. Section 71: Breaking Up Is Hard To Do, John A. Lynch Jr.

Duquesne Law Review

The author believes that applying the provisions of the Internal Revenue Code governing the tax treatment of payments made incident to separation and divorce has become complicated and unpredictable. In this article, Professor Lynch examines how I.R.C. sections 71 and 215 have developed, given congressional intent, with respect to the definition of an obligation of support, the differentiation between a support obligation and a property interest, and the periodic payment requirement. He concludes with suggestions aimed at simplifying the law with respect to these payments.

Parental Kidnapping: Can The Uniform Child Custody Jurisdiction Act And Federal Parental Kidnapping Prevention Act Of 1980 Effectively Deter It?, Rita Mankovich Irani

Duquesne Law Review

Despite the adoption in forty-four states of the Uniform Child Custody Jurisdiction Act, kidnapping remains a widespread alternative for parents who seek custody of their children. The author discusses how the willingness of courts to entertain the custody petition of a parent who has kidnapped his child has provided incentive for child-snatching, and probes section 8 of the Act, which sets forth guidelines for courts to use in determining whether to hear such petitions. Selected cases are presented to illustrate a proper interpretation and application of section 8 in light of the Act's overall purpose. Finally, the author explains the …

Constitutional Law - Fourteenth Amendment - Equal Protection Clause - Adoption - Rights Of Putative Fathers, Ronald J. Rademacher

Duquesne Law Review

The United States Supreme Court has held that a New York statute providing that a natural mother could withhold her consent to the adoption of her child, but denying the same right to an unwed father, violates the equal protection clause of the fourteenth amendment.

Caban v. Mohammed, 99 S. Ct. 1760 (1979).

Independent Adoptions: Is The Black And White Beginning To Appear In The Controversy Over Gray-Market Adoptions, George William Myers Jr.

Duquesne Law Review

No abstract provided.

Domestic Relations - Antenuptial Agreement - Void Marriage, Thomas M. Schultz

Duquesne Law Review

No abstract provided.

Domestic Relations - Evidence - Presumption Of Legitimacy, Dennis E. Mcardle

Duquesne Law Review

No abstract provided.

Domestic Relations - Gifts In Contemplation Of Marriage, William C. Costopoulos

Duquesne Law Review

The Supreme Court of New York held that a donor could not recover an engagement ring upon donee's renouncing her intention to marry him, where the contract to marry was void since the donor was already married.

Lowe v. Quinn, 301 N.Y.S.2d 361 (Ist Dep't 1969).

Domestic Relations - Heterologous Artificial Insemination, Edward C. Land Jr.

Duquesne Law Review

Husband consenting to the insemination of his wife is criminally liable for support of child; for purposes of Penal Code, defendant is lawful father of child so conceived.

The People v. Sorensen, 66 Cal. Rptr. 7, 437 P.2d 495 (1968).

Torts - Illegitimacy - Negligence - To Cause One To Be Born Into The World As A Bastard Is A Wrongful Act, Charles J. Weyandt

Duquesne Law Review

Where breach of a foreseeable duty is the proximate cause of damages a claimant is entitled to a trial.

Williams v. State of New York, 46 Misc. 2d 824, 260 N.Y.S.2d 953 (1965).

A bastard child is entitled to an equal start in life, although it has not yet been determined how much this will cost. The New York Court of Claims sustained an infant's cause of action for negligence, where the only damages alleged were the consequences of bastardy. The child was conceived as a result of a sexual assault upon her mother, a patient in a state …

Book Reviews, Samuel A. Weiss, Richard D. Gilardi

Duquesne Law Review

DELINQUENTS, THEIR FAMILIES AND THE COMMUNITY. By C. Downing Tait, Jr. M.D. and Emory F. Hodges, Jr., M.D.

JURISPRUDENCE: THE PHILOSOPHY AND METHOD OF THE LAW. By Edgar Bodenheimer.

Torts - Illegitimacy - Illegitimate V. Father

Duquesne Law Review

To cause one to be born into the world as an illegitimate constitutes a tortious act-no remedy for injuries resulting from this act will be granted.

Zepeda v. Zepeda, 41 Ill. App. 2d 240, 190 N.E. 2d 849 (1963).